- What is EpiqPay?
- How do I claim my September 2024 EpiqPay payment?
- I received an email about a digital EpiqPay payment, in September 2024. How do I request a check payment instead?
- I can’t cash the September 2024 check because my name has changed.
- I can’t cash this check because of the restriction regarding check cashing businesses printed on it.
- I selected a digital payment option but have not received the funds?
- Will there be another round of payments?
- What is this lawsuit about?
- How do I know if I am part of the Settlement?
- What does the Settlement provide?
- How will the Settlement help protect me against future identity theft and fraud?
- How will the Settlement help me deal with identity theft or fraud if it happens?
- Will the Settlement include changes to Capital One’s data security program?
- What happens if there are leftover Settlement Funds?
- When and how will I receive the benefits I claim from the Settlement?
- What did I give up to stay in the Settlement Class?
- Do I have a lawyer in this case?
- How will these lawyers be paid?
- How do I exclude myself from the Settlement?
- How do I tell the Court that I like or don’t like the Settlement?
- What happens if I do nothing at all?
- When and where will the Court decide whether to approve the Settlement?
- How can I update my contact information?
- How do I get more information?
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What is EpiqPay?
EpiqPay is the official digital payment platform for Epiq Class Action & Claims Solutions, Inc. EpiqPay offers individuals who are eligible to receive payments an easy, convenient, fast, and secure way to claim their payments. General information about EpiqPay and case-specific information about the payment notification you may have recently received is available on this website.
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How do I claim my September 2024 EpiqPay payment?
Claiming your EpiqPay payment is simple and easy. All EpiqPay payment and reminder emails contain a ‘Claim Payment’ link. As long as you click the ‘Claim Payment’ link before the payment expiration date listed in your email, the link will take you to a payment dashboard where you can choose your preferred method of payment. Then click your preferred payment method.
Depending on the method of payment you choose, you may be asked to confirm your selection or provide one or two pieces of information so your payment can be processed.
After that, you will receive a small number of interim notifications from our payment partner, rewards@tremendous.com, letting you know your payment is ‘in process’, and eventually you will receive a link to your payment card, if you chose that as your option.
Contact information for our payment partner is available on these notifications in case you experience any issues with your payment.
Please Note: The deadlines to accept EpiqPay and/or have a check reissued from the 2023 initial payment have passed.
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I received an email about a digital EpiqPay payment, in September 2024. How do I request a check payment instead?
Unclaimed digital payments will be converted to checks and mailed to the address on file after the window to claim payment via EpiqPay closes. The Settlement Administrator anticipates those checks will mail in November 2024. We cannot expedite this process.
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I can’t cash the September 2024 check because my name has changed.
To request a replacement check in your new name, please void the original check and return it with a copy of the name change document, such as a marriage certificate, divorce degree, or court order, showing the name change. Please include a written request asking that a replacement check be issued and mailed to you, to the Settlement Administrator at:
Capital One Settlement Administrator
P.O. Box 4518
Portland, OR 97208-4518Please do not send original documents.
Please note: We are not able to reissue any checks from the previous round of payments.
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I can’t cash this check because of the restriction regarding check cashing businesses printed on it.
Due to increased check fraud, we are unable to provide a check without this security measure. No alternative payment methods are available. Please deposit your check prior to the stale date listed.
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I selected a digital payment option but have not received the funds?
If you selected a digital payment option, but you have not received the funds within 72 hours after receiving the payment confirmation email from Tremendous, or you have any further concerns regarding your payment, you may contact our payment partner, Tremendous. Contact information was provided on the emails you were sent after making your selection.
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Will there be another round of payments?
Claimants who accepted their initial payment were sent a second payment on September 4, 2024. The Parties have not made a decision regarding any funds which remain after the second distribution to Settlement Class Members. Any updates regarding this Settlement will be posted to this website as they are available.
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What is this lawsuit about?
In July 2019, Capital One announced that it had been the victim of a criminal cyberattack on its systems. The attacker gained unauthorized access to the personal information of approximately 98 million U.S. consumers. The specific information accessed for each person included some combination of people’s names, addresses, zip codes/postal codes, phone numbers, email addresses, dates of birth, self-reported income, credit scores, credit limits, balances, payment history, contact data, and/or fragments of transaction data from a total of 23 days during 2016, 2017 and 2018. In addition, about 120,000 Social Security numbers and 80,000 linked bank account numbers were accessed.
Numerous lawsuits were brought on behalf of consumers whose personal information was accessed as a result of the Data Breach. Judge Anthony J. Trenga of the U.S. District Court for the Eastern District of Virginia is overseeing these lawsuits. These lawsuits are known as In re: Capital One Inc. Customer Data Security Breach Litigation, MDL No. 1:19md2915. The consumers who sued are called the “Plaintiffs.” Capital One and Amazon are the “Defendants.” Plaintiffs claim that Defendants did not adequately protect consumers’ personal information. Defendants denied any wrongdoing and denied that the information accessed by the attacker had been made public or disseminated by the attacker. No court or other judicial entity has made any judgment or other determination of any wrongdoing by Capital One or Amazon.
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How do I know if I am part of the Settlement?
You are a Settlement Class Member if you are among the approximately 98 million U.S. residents identified by Capital One whose information was accessed in the Capital One Data Breach. If you received a notice, you are likely a member of the Settlement Class. You can also confirm you are a Settlement Class Member, and eligible for benefits, by calling 1-855-604-1811 (Toll-Free).
Excluded from the Settlement are:
- Officers and directors of Capital One and Amazon;
- The presiding judge and any judicial staff involved in the lawsuit; and
- Any Class Member who timely and validly opts-out.
If you’re still unsure if you are included, you can review the information listed on this website or call 1-855-604-1811 (Toll-Free) and ask whether you are a Settlement Class Member.
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What does the Settlement provide?
The claim filing period and other administrative options are now closed. The only active benefits currently available to Settlement Class Members are Identity Defense Services and/or Restoration Services provided by the Settlement. These benefits have been extended through February 13, 2028. More information can be found at https://app.identitydefense.com/information/cap1.
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How will the Settlement help protect me against future identity theft and fraud?
Settlement Benefit: Identity Defense Services. The Settlement provides a way to help protect yourself from unauthorized use of your personal information. Settlement Class Members may have submitted a claim to enroll in a maximum five (5) years of Identity Defense Services, provided through Pango, at no cost. These services include the following features:
- Dark web monitoring for your Social Security number, date of birth, address, driver’s license number, passport number, payment cards, email addresses, and other information;
- Identity monitoring with authentication alerts;
- Lost wallet protection;
- Security freeze capability in multiple categories: Credit—Experian, Equifax, TransUnion and Innovis; Specialty Finance—Sage Stream, Clarity DATAX and CoreLogic; Closed Checking and Savings accounts—Chex Systems; Utilities—NCTUE;
- $1 million in no-deductible insurance provided by a third-party insurer to cover certain costs related to identity theft or fraud;
- U.S.-based customer support specially trained in identity theft and fraud discovery and remediation; and
- Insight & Tips for members on the user dashboard.
If your Social Security number or linked bank account number was accessed in the Data Breach, your Identity Defense Services will also include:
- Three-bureau Credit Monitoring with instant alerts; and
- A Monthly Credit Score.
To maximize protection offered by this service, you should have made a claim for Identity Defense Services by September 30, 2022. You may later enroll in the free Identity Defense Services at any time while the service is active, which will be at least 5 years from the Effective Date of the Settlement. Free Identity Defense Services will end on the same date regardless of when you enroll. These benefits have been extended through February 13, 2028.
If you submitted a valid Claim Form and elected to enroll in Identity Defense Services and provided a valid email address, you were emailed a Pango code with instructions on how to enroll.
For Settlement Class Members who did not submit a claim for Identity Defense Services by the September 30, 2022 Claims Deadline but who wish to enroll in the Identity Defense Services through February 13, 2028, as provided as part of the In re: Capital One Consumer Data Security Breach Litigation, please contact Pango at 833-317-4821 (Monday through Friday from 8 a.m. to 11 p.m. ET and Saturday from 9 a.m. to 6 p.m. ET) to obtain an enrollment code and then visit https://app.identitydefense.com/enrollment/activate/cap1 to enroll.
You may have made a claim for both reimbursement for Out-of-Pocket Losses and/or Lost Time and Identity Defense Services.
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How will the Settlement help me deal with identity theft or fraud if it happens?
Settlement Benefit: Free Restoration Services: All Settlement Class Members, even those who did not enroll in Identity Defense Services or did not submit a claim, are entitled to utilize Restoration Services offered through Pango. This coverage is a separate benefit and provides all Settlement Class Members access to U.S.-based fraud resolution specialists who can assist with important tasks such as placing fraud alerts with the credit bureaus, disputing inaccurate information on credit reports, scheduling calls with creditors and other service providers, and working with law enforcement and government agencies to dispute fraudulent information. These benefits have been extended through February 13, 2028. All Settlement Class Members may access these free Restoration Services even if you never made a claim from this Settlement by calling 505-896-7416 (Monday through Friday from 8 a.m. to 11 p.m. ET and Saturday from 9 a.m. to 6 p.m. ET). For more information, please visit: https://app.identitydefense.com/information/cap1.
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Will the Settlement include changes to Capital One’s data security program?
Settlement Benefit: Data Security Business Practice Commitments by Capital One: Capital One has agreed to adopt, pay for, implement, and maintain extensive Business Practice Commitments related to information security for a period of at least two (2) years. A description of these Business Practice Commitments is available in Exhibit 2 to the Settlement Agreement.
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What happens if there are leftover Settlement Funds?
The Settlement Fund has been used to pay claims for Out-of-Pocket Losses, Lost Time, Identity Defense Services and Restoration Services, administrative and notice costs, and service awards for Settlement Class Representatives and any other Settlement Class Member deposed in the case and attorneys’ fees, costs, and expenses as approved by the Court.
- Any remaining Settlement Funds resulting from the failure of Settlement Class Members to timely negotiate a settlement check shall be distributed to Settlement Class Members, or as otherwise ordered by the Court, but no money will be returned to Capital One.
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When and how will I receive the benefits I claim from the Settlement?
The deadline to file a claim for Lost Time or Out-of-Pocket Losses was September 30, 2022.
Payments were made to Class Members who filed a valid, timely claim for Lost Time and/or Out-of-Pocket Expenses starting on September 28, 2023. These payments are no longer able to be reissued.
Those Settlement Class Members who accepted their initial payment were sent a second payment on September 4, 2024.
Enrollment in the Identity Defense Services for the In re: Capital One Consumer Data Security Breach Litigation is now available for Class Members and has been extended for an additional two years through February 13, 2028. Class Members who submitted a claim requesting the Identity Defense Services, and provided us a valid email address, were emailed a Pango Code and instructions on how to enroll.
Settlement Class Members who did file a claim for Identity Defense Services, but were not emailed a code may contact the Pango to obtain one. See FAQ 11.
For Settlement Class Members who did not submit a claim for Identity Defense Services by the September 30, 2022 Claims Deadline but who wish to enroll in the Identity Defense Services through February 13, 2028, as provided as part of the In re: Capital One Consumer Data Security Breach Litigation, please contact Pango at 833-317-4821 (Monday through Friday from 8 a.m. to 11 p.m. ET and Saturday from 9 a.m. to 6 p.m. ET) to obtain an enrollment code.
Once you have a code, you may visit visit https://app.identitydefense.com/enrollment/activate/cap1 to enroll.
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What did I give up to stay in the Settlement Class?
If you made a claim under the Settlement, or if you did nothing, you released all of your legal claims relating to the Data Breach against Capital One and Amazon when the Settlement became final. By releasing your legal claims, you gave up the right to file or to continue to pursue separate legal claims against or seek further compensation from Capital One or Amazon for any harm related to the Data Breach or the claims alleged in the lawsuits—whether or not you are currently aware of those claims.
Unless you excluded yourself from the Settlement, all of the decisions by the Court will bind you. That means you will be bound to the terms of the Settlement and accompanying court orders, and you cannot bring a lawsuit or be part of another lawsuit against Capital One or Amazon regarding the Data Breach.
Paragraph 2.34 of the Settlement Agreement defines the claims that will be released by Settlement Class Members who do not exclude themselves from the Settlement. You can access the Settlement Agreement and read the specific details of the legal claims being released here.
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Do I have a lawyer in this case?
Yes. The Court appointed the following attorneys to represent you and other Settlement Class Members as “Class Counsel.”
Norman E. Siegel
STUEVE SIEGEL HANSON LLP
460 Nichols Road
Suite 200
Kansas City, MO 64112Karen Hanson Riebel
LOCKRIDGE GRINDAL NAUEN P.L.L.P.
100 Washington Avenue South
Suite 2200
Minneapolis, MN 55401John A. Yanchunis
MORGAN & MORGAN COMPLEX
LITIGATION GROUP
201 N. Franklin Street
7th Floor
Tampa, FL 33602You will not be charged by these lawyers for their work on the case. If you want to be represented by your own lawyer, you may hire one at your own expense.
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How will these lawyers be paid?
Class Counsel have undertaken this case on a contingency-fee basis, meaning they have paid for all of the expenses in the case and were not paid any money during the course of their work on this case. Accordingly, Class Counsel asked the Court to award them attorneys’ fees and reimbursement for costs and expenses to be paid from the Settlement Fund. On November 17, 2022, the Court entered an order which decided the amount of such fees and costs and expenses to be paid to Class Counsel. You will not have to separately pay any portion of these fees yourself.
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How do I exclude myself from the Settlement?
You are bound by the terms of the Settlement Agreement unless you submitted a timely and signed written request to be excluded from the Settlement. To have excluded yourself from the Settlement, you must have mailed a “Request for Exclusion,” postmarked no later than July 7, 2022*. The deadline to exclude yourself has now passed.
* If the Unique ID on your notice begins with "AAA" the deadline to exclude yourself from the settlement was August 22, 2022.
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How do I tell the Court that I like or don’t like the Settlement?
To object, you must have sent a written objection stating that you objected to the Settlement postmarked no later than July 7, 2022*. The deadline to object has now passed.
* If the Unique ID on your notice begins with "AAA" the deadline to object to the settlement was August 22, 2022.
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What happens if I do nothing at all?
If you did nothing, you can still sign up for Identity Defense Services and access Restoration Services, but are not entitled to any other benefits provided under the Settlement. You gave up your rights to sue Capital One or Amazon separately for claims relating to the Data Breach or to continue to pursue any such claims you have already filed.
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When and where will the Court decide whether to approve the Settlement?
The Court held the Final Approval Hearing on September 8, 2022, at 2:00 p.m. before the Honorable Anthony J. Trenga, at the United States District Court for the Eastern District of Virginia located in Room 700 of the United States Courthouse, 401 Courthouse Square, Alexandria, Virginia 22314. At that time, the Court considered any objections to the Settlement and any statements in support of the Settlement, and whether to grant final approval to the Settlement. The Order and Judgment Granting Final Approval of Class Action Settlement was granted on September 13, 2022.
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How can I update my contact information?
If, after you submitted a Claim Form, you change your postal or email address, it is your responsibility to inform the Settlement Administrator of your updated information. To update or change your address please send a letter signed by you that includes your former and current mailing addresses. Then, send the letter to the following address:
Capital One Data Breach
Settlement Administrator
P.O. Box 4518
Portland, OR 97208–4518Please provide your Unique ID from your Notice, or Confirmation Code from your online Claim Form. Please note that updates provided to the Settlement Administrator will only update our database which relates to communications and mailings in conjunction with this Settlement.
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How do I get more information?
This website and the Notice are only a summary of the lawsuit and the Settlement. For the precise terms and conditions of the Settlement, please see the Settlement Agreement, which can be found along with other court documents on the Documents page. If you have questions about the Settlement you can contact the Settlement Administrator at info@CapitalOneSettlement.com , 1-855-604-1811 (Toll-Free) or by mailing a letter to Capital One Data Breach Class Action Settlement Administrator, P.O. Box 4518, Portland, OR 97208-4518. If you wish to communicate directly with Class Counsel, you may contact them via contact information listed in FAQ 17. You may also seek advice and guidance from your own private lawyer at your own expense, if you wish to do so.
Please do not contact the Court, its Clerk, Capital One, or Amazon.
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